Karnataka High Court
Hanumantappa S/O Siddappa vs Sri Malleshappa M K S/O Karibasappa on 16 April, 2024
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NC: 2024:KHC-D:6425
MFA No. 103884 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103884 OF 2023 (MV-I)
BETWEEN:
HANUMANTAPPA S/O. SIDDAPPA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. SANNAGIDDAPPA HOUSE, BEERADEVAR STREET,
ARAKERE, TQ: HONNALI, DIST: DAVANAGERE,
NOW AT KAMALA NAGAR, RANEBENNUR,
DIST: HAVERI-581115.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. SRI. MALLESHAPPA M. K, S/O. KARIBASAPPA,
AGE: MAJOR, OCC: OWNER OF THE VEHICLE,
R/O. ARAKERE, TQ: HONNALI,
DIST: DAVANAGERE-577217.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
Digitally signed SUDEV, SUDAMBI CHAL, ASHOK CIRCLE,
by JAGADISH T RANEBENNUR-581115, DIST: HAVERI.
R
Location: HIGH
COURT OF 3. MR. BASAVARAJAPPA D. S/O. MARULASHIDDAPPA,
KARNATAKA AGE: MAJOR, OCC: POLICY HOLDER OF THE VEHICLE,
R/O. ARAKERE, TQ: HONNALI-577217,
DIST: DAVANAGERE.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 & R3 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
07.12.2022 PASSED IN MVC NO.924/2019 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6425
MFA No. 103884 of 2023
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for orders, with the consent
of learned counsel for the parties, it is taken up for final
disposal.
2. This appeal is filed by the claimant/injured seeking
enhancement of compensation being aggrieved by the
judgment and award dated 7.12.2022 passed in MVC
No.924/2019 on the file of Principal Senior Civil Judge and
Member, Addl. MACT, Ranebennur (for short, 'Tribunal').
3. I have heard the learned counsel
Sri.Chandrashekhar M Hosamani for the appellant/injured and
learned counsel Sri. S.S.Koliwad for the respondent/Insurance
Company.
4. Learned counsel for the appellant submits that the
Tribunal committed an error in awarding global compensation
of Rs.50,000/- without considering the injuries and fractures
suffered by the appellant/injured by ignoring the oral testimony
of PW2 and other medical evidence on record. Hence, he seeks
NC: 2024:KHC-D:6425
to re-assess the entire evidence on record and award just and
proper compensation by allowing the appeal.
5. Per contra, learned counsel for respondent/Insurer
supports the impugned judgment and award of the Tribunal
and submits that the Tribunal has recorded a detailed finding at
paragraph-15 of the judgment with regard to entitlement of
compensation. He further submits that PW2-doctor is not a
treated doctor and his oral testimony does not inspire
confidence with regard to disability assessed by him, as no
reasons have been assigned by him with regard to disability
suffered by the appellant. He further submits that considering
the evidence available on record and having taken note of
injuries suffered by the appellant, the Tribunal awarded just
and proper compensation, which does not call for interference.
Hence, he seeks dismissal of the appeal.
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. It is not in dispute that on 17.01.2019, the
appellant/injured met with road accident and sustained fracture
of right tibia and fibula and fracture of 1st and 2nd metatarsal
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bones of right foot. In support of his claim, the
appellant/claimant examined himself as PW1 and also
examined Dr. Shivaprakash D. Tandi and got marked 12
documents including Ex.P5-Wound Certificate, Ex.P10-Disability
Certificate, bills and prescriptions for having taken treatment
and also charge sheet material. Taking note of oral testimony
of PW2, medical documents and keeping in mind the injuries
and fractures suffered by the appellant, this Court assesses the
disability of the appellant at 7% to the whole body for the
purpose of determining the compensation. Insofar as income of
the appellant, this Court assesses the same at Rs.13,250/- per
month placing reliance on notional income chart prepared by
the KSLSA, in the absence of evidence with regard to income.
Thus, the appellant is entitled to compensation on the head of
loss of future income due to disability as under:
Rs.13,250 x 12 x 13 x 7% = Rs.1,44,690/-
8. Taking note of the injuries suffered by the
appellant referred supra and oral testimony of PW2-doctor,
I am of the considered view that the appellant would be
entitled to compensation on the following heads:
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Pain and suffering Rs. 40,000/-
Loss of amenities Rs. 30,000/-
Food, nourishment & attendant charges Rs. 15,000/-
Loss of income during laid-up period Rs. 39,750/-
Loss of future income due to disability Rs.1,44,690/
Medical expenses Rs. 8,171/-
-----------------
Total Rs.2,77,611/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.2,77,611/- as against Rs.50,000/- awarded by the
Tribunal.
10. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant is entitled to total compensation of
Rs.2,77,611/- as against Rs.50,000/-
awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
d) The respondent/insurance company shall
deposit the enhanced compensation amount
with accrued interest before the Tribunal
within a period of six weeks from the date of
receipt of certified copy of this judgment.
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e) On such deposit, the same shall be released
in favour of the appellant/claimant.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
